Opinion
CASE NO.: 5:12-cv-06491-EJD
03-12-2013
ANGELICA GARCIA, Plaintiff, v. FORTIS CAPITAL IV, LLC, CURTIS O. BARNES, P.C., TOFOYA DOE, and DOES 1-10, Defendants.
SIMMONDS & NARITA LLP TOMIO B. NARITA ARVIN C. LUGAY Tomio B. Narita Attorneys for Defendants RONALD WILCOX BEN DUPRE Ronald Wilcox Attorneys for Plaintiff Angelica Garcia
TOMIO B. NARITA (SBN 156576)
tnarita@snllp.com
ARVIN C. LUGAY (SBN 242599)
alugay@snllp.com
SIMmONdS & NARITA LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104-4816
Telephone: (415) 283-1000
Facsimile: (415) 352-2625
tnarita@snllp.com
alugay@snllp.com
Attorneys for Defendants
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
FILE AMENDED ANSWER TO
COMPLAINT AND MOTION TO
STRIKE ANSWER
Plaintiff Angelica Garcia ("Plaintiff") and Defendants Fortis Capital IV, LLC, Curtis O. Barnes, P.C., and Nicholas Tafoya ("Defendants") hereby stipulate to the following:
WHEREAS Plaintiff filed the Complaint in this action on December 21, 2012;
WHEREAS the Defendants filed an Answer to the Complaint on February 21, 2013;
WHEREAS the parties have met and conferred regarding a potential motion to strike certain of the affirmative defenses contained in the Answer;
WHEREAS the Defendants plan to file an Amended Answer;
WHEREAS the parties wish to avoid unnecessary motion practice;
THEREFORE it is stipulated and agreed by Plaintiff and Defendants, through their counsel, that Defendants may have until March 19, 2013, to file an Amended Answer to the Complaint. In the event that Defendants do not file an Amended Answer on or before that date, Plaintiff shall have until March 29, 2013 to file a motion to strike the Answer. IT IS SO STIPULATED.
SIMMONDS & NARITA LLP
TOMIO B. NARITA
ARVIN C. LUGAY
By:_____________________
Tomio B. Narita
Attorneys for Defendants
RONALD WILCOX
BEN DUPRE
By_____________________
Ronald Wilcox
Attorneys for Plaintiff
Angelica Garcia
[PROPOSED ORDER]
Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED THAT Defendants may have until March 19, 2013, to file an Amended Answer to the Complaint. In the event that Defendants do not file an Amended Answer on or before that date, Plaintiff shall have until March 29, 2013 to file a motion to strike the Answer. IT IS SO ORDERED:
By:_____________________
Honorable Edward J. Davila
United States District Court Judge